5120-9-57
Prison nursery program and infants born during confinement.

(A)
The "prison
nursery program" is a program of the department of rehabilitation and
correction that permits certain incarcerated women and the children born to
them while incarcerated to reside together while the mother serves her
sentence.

(B)
Pregnant inmates
received into the department of rehabilitation and correction may apply to
participate in the prison nursery program.

(6)
No one else has been granted
custody or shared parenting privileges, and

(7)
She meets any other criteria established
by the department of rehabilitation and correction.

(D)
In order to participate, each eligible
inmate selected for the program must sign an agreement to the conditions of
participation. Each inmate must agree to do all of the following:

(1)
Comply with any programmatic requirements
established by the department such as child development, parenting skills,
education, domestic violence counseling, job or vocational counseling, and
alcohol or other drug counseling.

(2)
If eligible, have the child participate
in the medicaid program or a health insurance program.

(4)
Abide by any court decisions
regarding the allocation of parental rights and responsibilities with respect
to the child.

(5)
Assign to the
department any rights to child support from any person or governmental entity
in accordance with sections
5120.652 and 5120.654 of the
Revised Code.

(E)
In
the event the inmate's participation in the program is terminated before
release, each inmate selected for the program shall specify with whom the child
should be placed pending approval of the department of job and family services.
The process is described in this rule and, rules
5101:2-42-60 and
5101:2-42-61 of the
Administrative Code.

(F)
The
inmate's participation in the program may be terminated at the sole discretion
of the department if:

(1)
The inmate fails to
comply with the conditions of participation agreement entered into under
division (A) of section
5120.652 of the Revised Code.

(2)
Either the inmate or child
becomes seriously ill, cannot meet medical criteria established for the program
by the department of rehabilitation and correction, or otherwise cannot safely
participate in the program.

(3)
A
court issues an order that designates a person other than the inmate as the
child's residential parent and legal custodian.

(4)
A juvenile court, in an action brought
pursuant to division (A)(2) of section
2151.23 of the Revised Code,
grants custody of the child to a person other than the inmate.

(5)
An order is issued pursuant to section
3109.04 of the Revised Code
granting shared parenting of the child.

(6)
An order of disposition regarding the
child is issued pursuant to division (A)(2),

(3)
, or
(A)(4) of section 2151.353 of the Revised Code
granting temporary, permanent, or legal custody of the child to a person, other
than the inmate, or a public children services agency or private child placing
agency.

(H)
The managing officer of each
institution in which a prison nursery program is established shall:

(1)
Create and maintain a prison nursery
program fund to pay expenses associated with the prison nursery program. This
fund shall be maintained as a part of the industrial and entertainment fund as
referenced in section
5120.131 of the Revised Code.
Funds so maintained may be expended on general program expenses for the benefit
of all participants in the program. Records of this fund shall be kept to allow
accounting of the amounts deposited in and spent from the prison nursery
program fund.

(2)
Create and
maintain an individual nursery account for each inmate participating in the
prison nursery program to help pay for the support provided to the inmate and
child pursuant to the program. Such funds shall be received and maintained in
the inmate's personal account as referenced in section
5120.13 of the Revised Code.
Such funds may be expended by the inmate at her discretion for any allowable
expense.

(I)
For all
infants born to inmates who are ineligible for the prison nursery program, Ohio
children services boards or county departments of human services which have
assumed the administration of children services functions prescribed by Chapter
5153. of the Revised Code are responsible for investigating and recommending
placement arrangements or arranging placements for infants born to inmates. The
rules governing these functions are promulgated by the Ohio department of job
and family services (rules
5101:2-42-60 and
5101:2-42-61 of the
Administrative Code).

(J)
Each
institution under the jurisdiction of the director of the department of
rehabilitation and correction in which female inmates are housed shall
establish procedures for providing assistance in the placement of infants who
are born to inmates ineligible for the prison nursery program. Such procedures
shall include provisions for the coordination of services with hospitals and
state and local children services agencies.

(1)
Each inmate shall
receive a medical examination during the admissions process, and the examiner
shall note observed symptoms of pregnancy or statements by the inmate
concerning her pregnancy and the expected delivery date.

(2)
An institutional case manager/parenting
coordinator shall be notified as soon as practical of the inmate's pregnancy
and her expected delivery date. If it is possible that the inmate will remain
incarcerated as of the expected delivery date, the case manager/parenting
coordinator shall interview the inmate to determine:

(a)
The state and county of residence at the
time that the inmate was sentenced to confinement in the department; and

(b)
The county(s) having
jurisdiction of the criminal case in which the inmate was convicted and
sentenced to the department; and

(c)
The inmate's preferred plan concerning
the placement of the infant

(relatives, friends, public or private agency, etc.).

(3)
The case
manager/parenting coordinator shall, as soon as practical thereafter, notify
the public childrens services agency in the Ohio county in which the inmate was
a resident at the time she was sentenced and provide the following information
to the agency:

In the event that the inmate was not an Ohio resident at the
time that she was sentenced, the case manager/parenting coordinator shall
provide the same notification to the public childrens services agency in the
county having jurisdiction of the case in which the inmate was last convicted
and sentenced.

(4)
The case manager/parenting coordinator
will inform the inmate of the approval or rejection by the responsible
childrens services agency of the inmate's placement plan. The case
manager/parenting coordinator will immediately inform the responsible agency of
any change in circumstances reported by the inmate. All communications with the
responsible agency will be documented.

(5)
When ordered by the department's medical
staff, the inmate shall be transferred to a hospital designated by the
department. The case manager/parenting coordinator or other person designated
by the managing officer of the institution shall notify the hospital of the
agency identified in paragraph (K)(3) of this rule and shall take such other
action necessary to effectuate the purpose of this rule.

(6)
In the event that the agency identified
in paragraph (K)(3) of this rule communicates its inability to assume custody
and care of an infant, the case manager/parenting coordinator shall request
intervention by the public childrens services agency in the county in which the
child is hospitalized.